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MAP AND SYSTEM INFORMATION
42
TERMS AND CONDITIONS
License Limitations on Use: You agree that
your li¬cense to use this Data is limited to and
conditioned on use for solely personal,
noncommercial purposes, and not for service
bureau, timesharing or other similar purposes.
Except as otherwise set forth herein, you agree
not to otherwise reproduce, copy, modify,
decompile, disassemble or reverse engineer any
portion of this Data, and may not transfer or
distribute it in any form, for any purpose, except
to the extent permitted by mandatory laws.
License Limitations on Transfer: Your limited
license does not allow transfer or resale of the
Data, except on the condition that you may
transfer the Data and all accompanying materials
on a permanent basis if: (a) you retain no copies
of the Data; (b) the recipient agrees to the terms
of this End User License Agreement; and (c) you
transfer the Data in the exact same form as you
purchased it by physically transferring the original
media (e.g., the CDROM or DVD you purchased),
all original packaging, all Manuals and other
documentation. Specifically, Multidisc sets may
only be transferred or sold as a complete set as
provided to you and not as a subset thereof.
Additional License Limitations: Except where
you have been specifically licensed to do so by
HERE in a separate written agreement, and
without limiting the preceding paragraph, your
license is conditioned on use of the Data as
prescribed in this agreement, and you may not (a)
use this Data with any products, systems, or
applications installed or otherwise connected to
or in communication with vehicles capable of
vehicle navigation, positioning, dispatch, real time
route guidance, fleet management or similar
applications; or (b) with, or in communication
with, including without limitation, cellular phones,
palmtop and handheld computers, pagers, and
personal digital assistants or PDAs.
Warning: This Data may contain inaccurate or
incom¬plete information due to the passage of
time, changing circumstances, sources used and
the nature of collecting comprehensive
geographic Data, any of which may lead to
incorrect results.
No Warranty: This Data is provided to you “as is”,
and you agree to use it at your own risk. HERE
and its licensors (and their licensors and
suppliers) make no guarantees, representations
or warranties of any kind, express or implied,
arising by law or otherwise, including but not
limited to, content, quality, accuracy,
completeness, effectiveness, reliability, fitness for
a particular purpose, usefulness, use or results to
be obtained from this Data, or that the Data or
server will be uninterrupted or error free.
Disclaimer of Warranty: HERE AND ITS
LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR
NONINFRINGEMENT. Some States, Territories
and Countries do not allow certain warranty
exclusions, so to that extent the above exclusion
may not apply to you.
Disclaimer of Liability: HERE AND ITS
LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) SHALL NOT BE LIABLE TO
YOU IN RESPECT OF ANY CLAIM, DEMAND
OR ACTION, IRRESPECTIVE OF THE NATURE
OF THE CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH MAY
RESULT FROM THE USE OR POSSESSION OF
THIS DATA; OR FOR ANY LOSS OF PROFIT,
REVENUE, CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR INABILITY
TO USE THIS DATA, ANY DEFECT IN THIS
DATA, OR THE BREACH OF THESE TERMS OR
CON¬DITIONS, WHETHER IN AN ACTION IN
CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF HERE OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some
States, Territories and Countries do not allow
certain liability exclusions or damages limitations,
so to that extent the above may not apply to you.
Export Control: You agree not to export from
any¬where any part of the Data or any direct